Law Officers Render Their Services Above Self, Must Be Given Due Respect: Madras High Court Issues Directions To Govt

The Madras High Court has issued a series of directions for proper treatment of law officers, who play a pivotal role in defending both the case of the Government as well as the interest of the general public.Justice M. Govindaraj observed that Law Officers of the State are cast with the onerous responsibilities to strike a balance between individual and the interest of other fellow citizens and also the interest of the State, its policies, welfare schemes etc."It is like walking on a tight rope, for, there cannot be any deprivation of personal liberty, even to a single individual at the cost of larger public interest, as for as possible, more so, in the absence of correct and proper instructions in time. The Law Officers are subjected to mental pressure and face difficulties in getting proper instructions due several factors such as laid back attitude of certain officers for want of man power, fear of facing court of law, fear of taking responsibility, their future career prospects in the event of failure, travel to long distances, physical disabilities, lack of reward and also unwillingness to work."The directions issued involve treating of law officers with due respect, disbursal of fees and special fee claimed by the Advocate General and Additional Advocate General for appearing in cases, revision of fee regularly, promptness in getting legal opinions on time, etc. The development comes in a writ petition filed by former AAG S. Ramasamy against denial of special fees claimed by him. The court considered in detail the services provided by the Law Officers appointed by the government. It highlighted how these law officers perform their services without a profit motive for a nominal fee as compared to their lucrative private practice, more particularly the top law officers.It also took note of special instructions by the Chief Secretary that payment of special fees to Advocate General are not to be questioned. Thus, the High Court quashed the communication dated 18.01.2011 and directed the State to settle the bills within 8 weeks."Unfortunately, the impugned E-Mail challenged in the present Writ Petition reflect the same mentality of an individual officer treating the highly placed Law Officer on par with him and unable to the digest the special fee paid to him contrary to the concerted decision taken by the high level committee. It is the same mentality that as to how a Law Officer is bigger than me and as to why he should be paid more than a Government servant. Actuated by such mala fide, the impugned letter came to be issued exercising the power arbitrarily," remarked the Bench.It further issued the following directions:(a) The Law Officers shall be given due respect for their dedication in defending the Government.(b) In particular, the highest Law Officers, viz., Advocate General and Additional Advocate General, who are required in emergent situation to appear before the Court to defend the interest of the State, the officials shall not insist on the Government Order requesting him to appear and also shall not deny the claim of fee or special fee whatsoever claimed by them in terms of the instructions issued by the Chief Secretary to Government. (c) The Officials shall be prompt in getting legal opinion in time, giving instructions to the Law Officers in time, if any appeal is preferred, it shall be intimated on time, without any delay. The Government is also equally a litigant which cannot expect a special treatment in condonation of delay matters. (d)Whenever they seek for instructions, the Government shall ensure that its Officials give top priority and produce the information, records sought for by them. (e) The Law Officer shall be provided the initial fees and after completion of the litigation the final fee. The said fee shall be paid immediately and it shall not be unduly delayed. (f) The fee structure of the Law Officers shall be revised once in three years corresponding to the Price Index. (g) If the bill is submitted by a Law Officer, it shall be settled at once, if not within a reasonable period that is to say to a maximum of two months. (h) Further, depending on the sensitivity or importance of the case, the fee structure of a private Lawyer will raise. Whereas, the Law Officer of the lower rank will get the same fixed fees and to be particular, in batch matters, they would get fee only for the main matter and for the remaining connected matters, a fixed minimum fee is paid. In such a situation, the Government shall consider immediate payment of fee and treat it is as honorarium to the Law Officers for the enormous efforts and time put in by them.(i) The Government at any cost shall not reduce the fee than one was fixed at the time of appointing a Law Officer, more particularly, due to the change of regime. As stated earlier, the Government is continuing machinery and defending the case of the Government and of the people is a continuing...

Law Officers Render Their Services Above Self, Must Be Given Due Respect: Madras High Court Issues Directions To Govt

Upasana Sajeev

The Court further ordered State to settle bills raised by former AAG claiming special fees for appearance in certain matters.

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